UPTET : ALLAHABAD HIGHCOURT DOUBLE BENCH DB JUDGEMENT REGARDING STAY FOR 72825 TEACHERS RECRUITMENT
STAY MATTER ALONG WITH OTHER ISSUES TRANSFER TO LARGER BENCH
SEE HEARING DETAILS -
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- SPECIAL APPEAL No. - 150 of 2013
Petitioner :- Navin Srivastava And Others
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Abhishek Srivastava,Shashi Nandan
Respondent Counsel :- C.S.C.,Bhanu Pratap Singh,C.B.Yadav
Hon'ble Sushil Harkauli,J.
Hon'ble Manoj Misra,J.
From the arguments of the learned counsel appearing on behalf of the parties, it has transpired that in this bunch of appeals the contention of the selected candidates is that Teacher Eligibility Test (TET) should be upheld and for selection/appointment the merit of the candidates should be calculated as per the marks obtained by them in the TET test in accordance with the Rules as were in force at the relevant time.
It has been pointed out that there is a reference to a larger Bench, which is pending and which involves the question as to whether candidates having certain educational qualifications would also be eligible to be considered for appointment on these very� posts without requirement of undertaking the TET.
If, in that reference, it is held that some candidates are entitled to be considered for the appointment, without undertaking the TET, it is obvious that their comparative merit vis-a-vis the present candidates cannot be computed.
The case in which the reference has been made is writ petition No.12908 of 2013 and the date of making the order of reference by the learned single Judge is 8th March, 2013.
Therefore, it would appear to be desirable either that the reference is answered first, before taking a decision on this bunch of appeals, or the bunch of appeals are connected and heard along with the reference.
Let papers of these cases be placed before Hon'ble the Chief Justice for taking such decision in the matter, as he may deem fit. This order will cover Special Appeal Nos.149 of 2013, 152 of 2013, 159 of 2013, 161 of 2013, 205 of 2013, 206 of 2013 and 220 of 2013.
The affidavits, which have been filed today in the Court by the parties in this bunch of appeals, are taken on record. The interim order will continue till the next date of listing.
Order Date :- 12.3.2013.
Rks.
(Manoj Misra, J.)������������ (Sushil Harkauli, J.)
